WASHINGTON, D.C. – A unanimous U.S. Supreme Court Monday handed down a ruling that illegal aliens who are in the country under humanitarian reasons are not eligible to become permanent residents.
The ruling states that federal immigration law prohibits people who entered the country illegally and now have Temporary Protected Status (TPS) from seeking “green cards” to remain in the country permanently.
There are 400,000 people from 12 countries with TPS status.
Justice Elena Kagan wrote, “The TPS program gives foreign nationals nonimmigrant status, but it does not admit them. So the conferral of TPS does not make an unlawful entrant...eligible" for a green card.
The Biden Administration has said it supports a change in the law. But his administration argued that current immigration law doesn't permit people who entered the country illegally to apply for permanent residency.
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Comments
This is how it has always been, there is no change in the law.
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PermalinkRight. Obviously whoever challenged the law lost…badly!
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PermalinkNobody changed or attempted to change the law. An immigrant under TPS challenged the fact that they couldn't get permanent residency and it went to the supreme court who affirmed that they couldn't, the law has always been this way.
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PermalinkEvery court case that ends up in the Supreme Court is a “challenge” to existing law…and therefore an attempt to “change the law”.
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PermalinkI can see what you mean. I was just saying that no one was attempting to outright change the law, someone was just trying to test the law to see if it could mean something else. But your point is very valid.
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PermalinkCourt decisions are based on precedent. There is no higher precedent than the Supreme Court.
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